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ANI Media initiated a defamation suit against Wikimedia Pvt. Ltd. (Wikipedia) over allegedly defamatory content published about ANI. The Wikipedia page for ANI described the news agency as a propaganda tool for the current central government and further accused it of spreading information from a network of fake news sites and misreporting events.
On October 14, the Delhi High Court warned Wikimedia Pvt Ltd (Wikipedia) over their attempt to threaten the single judge presiding over the defamation case filed by Asian News International (ANI). The court made these statements after it took notice of a Wikipedia page regarding the ongoing defamation case wherein it was stated that - The judge in the case, Navin Chawla, has threatened to order the government of India to shut down Wikipedia in the country.
The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela were presiding over an application filed by Wikipedia seeking permission to file relevant documents in a sealed cover. Wikipedia, represented by Advocate Akhil Sibal, expressed concerns over the consequence of releasing the name of the author.
The court, however, observed that the company was accusing a journalist (ANI) of being a state-sponsored agent and suggested that the author of the content should defend their statements.
Advocate Sibal explained that Wikimedia does not regulate content; rather, users are responsible for doing so. He compared the platform to an encyclopedia where content is substantiated by secondary sources.
The court countered by asserting that such sources could be flawed and asked if the identity of the author would be disclosed. Advocate Sibal offered to reveal the author's name but through sealed covers.
Further, Advocate Sidhanth Kumar, for ANI, argued that while Wikimedia claimed to be an intermediary, it was also justifying defamatory content and accused the platform of having an agenda.
The court then directed the Wikipedia India Administrator to appear in court. The court also took note of the page regarding the case, which quoted Judge Navin Chawla's warning of a potential government shutdown of Wikipedia in India.
The court emphasized that attempts to intimidate the judiciary would not be tolerated, regardless of Wikimedia's influence or support, affirming that the country adhered to the rule of law.
The court remarked, "You (Wikipedia) may be the world's most powerful entity. You may be backed by the world's most powerful power. But we live in a country that is governed by the rule of law”.
The court further listed the matter for further hearing on October 16, 2024.
In the main defamation suit, the single-judge bench summoned the authorized representatives of Wikimedia Pvt Ltd. The court recognized that although Wikipedia had the right to express opinions, it would still be required to justify its actions in court, acknowledging the case as one of defamation.
Case Title: Wikimedia Foundation Inc. v ANI Media Private Limited (FAO(OS)-146/2024)
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